Employee Benefits

EMPLOYEE BENEFITS
The U.S. Department of Labor clarified how employers can offer health savings accounts (HSAs) to employees without triggering Employee Retirement Income Security Act (ERISA) requirements. Field Assistance Bulletin 2006-02 ( www.dol.gov/ebsa/regs/fab_2006-2.html ) explains some points that have continued to draw questions from employers since a bulletin two years ago (2004-01).

The latest guidance clarifies that HSAs do not constitute employee benefit plans under ERISA even when employers pay account fees on behalf of employees, or when employers open accounts for employees and deposit funds without asking employees’ consent.